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Category: Criminal Law
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Once charges are dismissed can the same charges be

Customer Question

Once charges are dismissed can the same charges be brought back in the state of Texas?
Submitted: 9 years ago.
Category: Criminal Law
Expert:  Attorney & Mediator replied 9 years ago.
If the charges were dismissed, you can still be "re-charged" if there is new evidence to support the charges. However if your case was dismissed (meaning you were already prosecuted based on the evidence presented) then you cannot be retried for the same offense.

Difference between the two is what is dismissed, whether the charges itself or the case.


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Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

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Customer: replied 9 years ago.
Reply to LawNinvest's Post: The case was dismissed but it never went to trial, so does that mean since it did not go to trial the charges could be brought back up with no new evidence?
Expert:  Attorney & Mediator replied 9 years ago.
Just so I get the facts straight.

Where you arraigned for these charges? Was a trial date set? On what grounds was it dismissed and dismissed by whom?

Thanks.
Customer: replied 9 years ago.
Reply to LawNinvest's Post: Yes was arraigned and the case was dismissed by the district attorneys office and signed off on by the judge, there was no trail date set, an anger management class was taken by the defendant in agreement for charges to be dropped, the case was then dismissed, the Injured party told the defendent that the DA's office told them that they had two years to bring the same charges back up,not sure thats true, thats why Im asking you
Expert:  Attorney & Mediator replied 9 years ago.
Thanks for the clarification.

What was said is correct. The charges were dismissed for lack of sufficiency of evidence. This means that the evidence they have now is not sufficient to charge him with anything. So the prosecution would require new evidence for the charges to stick and they can re-charge him if they have new evidence.

Now if the defendant was acquitted of the charges, then the prosecution could not be able to press charges again as this would be a violation of the 5th amendment rights (under double jeopardy). So when I ment the case was dismissed following prosecution that means he was acquitted of the charges.


Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.



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